Macon Reporter

City of McHenry Planning and Zoning Commission met April 15.

Here is the minutes provided by the commission:

Chairman Strach called the regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:35 p.m. via Zoom. In attendance were the following: Doherty, Lehman, Strach, Sobotta, Thacker, and Walsh. Absent: Gurda. Also in attendance were City Planner Cody Sheriff, Director of Economic Development Martin, Economic Development Coordinator Wolf, and City Attorney Brandy Quance.

Public Hearing Guidelines for a Virtual Meeting were read. Chairman Strach opened the public portion of the meeting at 7:30 p.m. There was nobody in attendance who wished to address the Commission with public comment.

Approval of Minutes: Consideration of February 19, 2020 Meeting Minutes as presented. Motion by Thacker and seconded by Sobotta for approval.

Roll Call: Vote: 6-ayes: Commissioners Doherty, Lehman, Sobotta, Strach, Walsh, and Thacker. 0-nay, 0-abstained, 1-absent: Gurda. Motion Carried.

PublicHearing: PaulReding

Z-960

5313 W Shore Dr.

Minor Variance to Allow a Rear Yard Setback Variance to accommodate an 18’x24’ expansion of the existing attached garage

Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-960 an application for a minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate an 18’x24’ expansion of the existing attached garage at 5313 W. Shore Dr.

Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office.

In attendance was Mr. Paul Reding, 5313 Shore Dr., property owner, stating he is asking for a minor variance for his property.

City Planner Sheriff gave the Staff Report stating the applicants are requesting minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate expansion of the existing attached garage on the subject property. The subject property is currently zoned RS- 3 Medium-High Density Single-Family Residential. The subject property is located on a corner lot. Property owners of corner lots with houses that front the corner-side street lot line often experience setback issues during plan review. Property owners assume it is their interior side yard which allows for a structure within 10 feet of the property line. Staff believes property owners in these situations have an inherent hardship. Staff does not object to the applicant’s request and recommends approval of a minor variation to allow a rear yard setback distance of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage and Staff believes all Zoning Variance Approval Criteria are met.

Chairman Strach invited questions and/or comments from the Commission. There were no questions from the Commissioners.

Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:45 p.m.

Motion by Doherty seconded by Lehman to recommend to the City Council with regard to File No. Z-960, approval of a minor variation to allow a rear yard setback distance of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage and that all Zoning Variance Approval Criteria are met.

Commissioner Sobotta lost connection from the Zoom meeting.

Roll Call: Vote: 5-ayes: Commissioners Doherty, Lehman, Strach, Walsh, and Thacker. 0-nay, 0- abstained, 2-absent: Gurda, Sobotta. Motion Carried.

Chairman Strach closed the Public Hearing regarding File No. Z-960 at 7:50 pm.

Public Hearing: Richard Meyers

Z-962

1610 Court Street

Minor Variance to Allow a Rear Yard Setback Setback Variance to accommodate a 10’x21’ expansion of the existing attached garage which includes an expansion of a bedroom.

Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-962 an application for a minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate a 10’x21’ expansion of the existing attached garage which includes an expansion of a bedroom at 1610 N. Court Street.

Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office.

In attendance was Richard Meyers, 3610 Grand Avenue, McHenry, property owner, stating he needs a variance to expand his garage to fit a regular size vehicle in it.

City Planner Sheriff gave the Staff Report stating the applicant is requesting minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate expansion of the existing attached garage, which includes expansion of a bedroom, on the subject property.

The subject property is currently zoned RS-4 High Density Single-Family Residential. The northwest property line sits back approximately 40 feet from the roadway pavement line giving the appearance that the front yard is much larger. Planner Sheriff states staff does not believe approval of the requests will have any adverse impacts on neighboring properties. The primary concern for residents is primarily aesthetics. With the house sitting approximately 55 feet away from the street pavement line, staff does not believe the expansion will negatively impact the character of the neighborhood and staff believes all Zoning Variance Approval Criteria are met.

Commissioner Sobotta returned to the Zoom meeting.

Chairman Strach invited questions and/or comments from the Commission. There were no questions from the Commissioners.

Commissioner Thacker said this request is in line with the latitude we have extended other applicants with similar requests.

Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 8:00 p.m.

Motion by Doherty, seconded by Thacker to recommend to the City Council with regard to File No. Z-962, approval of a minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate an expansion of the existing attached garage which includes an expansion of a bedroom and that all Zoning Variance Approval Criteria are met.

Roll Call: Vote: 6-ayes: Commissioners Doherty, Lehman, Sobotta, Strach, Walsh, and Thacker. 0-nay,0-abstained,1-absent:Gurda. Motion Carried.

Chairman Strach closed the Public Hearing regarding File No. Z-962 at 7:55 pm.

PublicHearing: DenverCole,LLC

Z-963

4610 Prime Parkway

Conditional Use Permit to operate a Licensed Cannabis Craft-Grow, Infusion, Transportation, and Dispensary Business

Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-963 an application for a Conditional Use Permit to operate a Licensed Cannabis Craft-Grow, Infusion, Transportation, and Dispensary Business at the property located at 4610 Prime Parkway.

Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office.

In attendance were Jeff Larson, CEO, Denver Cole, 230 Westfield Way, Barrington Hills, IL 60010, Bob Jersey, Director, Denver Cole, 385 Sterling Circle, Cary, IL, and Joe Wright, Consultant, 4808 Paulina, Chicago, IL. Mr. Larson stated they are requesting a conditional use permit to allow a cannabis business.

City Planner Sheriff gave the Staff Report stating the applicants Denver Cole, LLC (“Contract Purchaser”) and Corporate Disk Company (“Owner of Record”) are requesting approval of a conditional use permit to operate an adult-use licensed cannabis craft-grow, infusion, transportation, and dispensary business. Denver Cole, LLC has applied for 4 adult use cannabis dispensary licenses. They also applied for craft grow, infusion, and transportation licenses in March of 2020. Denver Cole, LLC is under contract to purchase the subject property which contains a 56,000 square foot building - pending approval of applicable zoning requests in addition to the outcome of the state cannabis licensing. The subject property is currently zoned I-1 Industrial.

Planner Sheriff explained grow operations will occupy the east half of the building. The dispensary will most likely occupy the west half of the building with design being preliminary. Business operations will include 24/7 security and the applicant anticipates working with the McHenry Police Department on safety and security needs. The applicant also has scheduled meetings with McHenry County College’s Agriculture Department to partner in creating educational opportunities for students interested in the field. The City is only involved with approval of zoning and issuance of building permits.

Planner Sheriff stated the current zoning allows cannabis uses as a conditional use. Staff believes the site which contains a 56,000 square foot building, including 144 parking spaces, is appropriately sized and in substantial conformance with the City’s Off-Street Parking and Loading Requirements. The site is not located within a prohibited zone and staff does not believe the development will generate any adverse impacts. He stated staff believes the proposed use is compatible with the surrounding industrial and commercial entities and staff believes all Conditional Use Permit approval criteria is met and, after further review, does not object to the request as amended to include an additional condition: the property owner shall divide the subject property with a second unit to accommodate the cannabis transportation business once licensing is obtained.

Chairman Strach invited questions and/or comments from the Commission.

Commissioner Thacker inquired when the building would be purchased. Mr. Larson stated they do plan on purchasing the building once they’ve obtained licenses from the state and approval. He also stated when asked the company has a very conservative logo that they will make available to be seen prior to permitting.

Commissioner Walsh asked for clarification on approval needed. Planner Sheriff explained the motion that would be needed if they wish to approve the request, adding the 4th condition as amended. He also asked if the dates supplied by the state for approving licenses will be delayed due to the current state of affairs in the State. Mr. Larson stated they have been told that everything is still on track with the state approvals and deadlines.

Commissioner Doherty inquired about the hours of operation and storage of trucks. Mr. Larson stated the hours are daily with shifts from 6am-10 pm. Mr. Larson explained that all vehicles will be parked in side the building adding there will not be too much traffic as they expect to have only 2-3 vans for transporting. Commissioner Doherty asked fora cliff note version of how daily operations are typically handled. Mr. Wright explained the craft grow operations cultivates product using up to 5000 sf. Extraction of cannabis oil, infusion is to use to put in other products. The dispensary is for sale of product and transportation transports product from one place to another in one trip. Product never stops until reaching the destination and is never stored overnight anywhere.

Chairman Strach opened the floor to questions and comments from the audience. Mr. Tom Deale, 4533 Prime Parkway (a neighboring property) asked for a description of the type of security they will have and how much cash will be in the facility. Mr. Wright stated the facility will have manned guards at all times along with full perimeter fencing. The building is extremely secure meeting the State of Illinois security standards, with all doors monitored and locked and manned by a guard, all ingress and egress recorded in real time, and surrounded by outside cameras with video stored on-site and off-site. There is a wired security system to immediately alert Fire, local Police and IL State Police. ID must be given to enter the building, panic buttons will be installed with direct wiring to the Police. Mr. Larson stated there will be no cash in the building until the event the dispensary is licensed and operating.

Chairman Strach closed the public comment portion of the hearing at 8:20 p.m.

Planner Sheriff asked the applicants for clarification on whether they were withdrawing their request for a dispensary. Mr. Jersey stated no they would like to add one in the future but it is depending on issuance of licenses in January of 2021. Planner Sheriff explained they would have to go back before the Commission to add anything not used in the first issuance of licenses. He further explained the City has a limit on the number of dispensaries so they could be limited in the future. Mr. Larson stated they would definitely want to use the dispensary license in the future.

Motion by Walsh seconded by Lehman to recommend to the City Council with regard to File No. Z-963, approval of a Conditional Use Permit for the operation of adult-use licensed cannabis craft- grow, infusion, transportation, and dispensary business subject to the following conditions, as amended:

1. All signage shall be in compliance with the Illinois Cannabis Regulation and Tax Act.

2. A signed affidavit shall be submitted to the Community Development Department stating compliance with all requirements of the Illinois Cannabis Regulation and Tax Act once a state licensing is obtained.

3. All applicable federal, state, and local laws shall be met;

4. the property owner shall divide the subject property with a second unit to accommodate the cannabis transportation business once licensing is obtained;

And that all Conditional Use Permit approval criteria are met.

Roll Call: Vote: 6-ayes: Commissioners Doherty, Lehman, Sobotta, Strach, Walsh, and Thacker. 0-nay,0-abstained,1-absent:Gurda. Motion Carried.

Chairman Strach closed the Public Hearing regarding File No. Z-959 at 8:23 pm.

PublicHearing: DoverDevelopment,LLC

Z-964

Vacant Lot West of Blake Boulevard and N. Richmond Rd., South of Meijer Conditional Use Permit to Operate an Assisted Living and Memory Care Facility

Chairman Strach called the Public Hearing to order at 8:25 p.m. regarding File No. Z-964 an application for a conditional use permit to operate an Assisted Living and Memory Care Facility at the subject property which consists of 5.33 acres and is located 770’ west of the intersection of Blake Boulevard and N. Richmond Road, south of the Meijer grocery store.

Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office.

In attendance was Nick Dwyer, Development Manager, Dover Development, 300 Hunter Ave., Suite 200, St. Louis, MO. Mr. Dwyer gave a presentation regarding the proposed development which is proposed on a piece of property just south of the Meijer grocery store across Blake Boulevard.

City Planner Sheriff gave the Staff Report stating the applicants are requesting approval of a conditional use permit to operate an assisted living and memory care facility on the subject property. The two-story facility will feature a total of 83 apartments – primarily reserved for assisted living services and a small portion focused on memory care. Other features include restaurant-style dining room, movie theater, spa, salon, physical therapy center, and two open- air private courtyards. The subject property is currently zoned C-5 Highway Commercial District.

Planner Sheriff stated the applicant’s request for a conditional use permit to operate an assisted living and memory care facility is in substantial conformance with the City of McHenry Zoning Ordinance as well as the City’s Landscaping and Screening Standards and the City’s Off- Street Parking and Loading requirements. Assisted Living and Memory Care Service Uses are an allowed conditional use in the C-5 Highway Commercial District. The proposed use is harmonious with the surrounding commercial properties. He noted there are no pedestrian accommodations to access the site but the City’s Municipal Code requires the installation of sidewalks as part of a commercial development. Staff is recommending the installation of sidewalk along the north property line of the subject property in addition to an appropriately signed crosswalk that connects to the Meijer site on the northwest corner of the subject property. The developer would need to pay an estimated fee of $28,000 in lieu of installing sidewalks or seek a waiver from City Council.

Staff is also in the process of looking into obtaining easements to accommodate future sidewalk installations on the parcels east of the subject property extending the entire length of Blake Boulevard to North Richmond Road. Developers have expressed interest in the parcel directly west of the subject property for high-density residential development.

Planner Sheriff stated Staff does not object to the applicants’ request for Approval of a Conditional Use Permit for the operation of an Assisted Living and Memory Care Facility subject to conditions as presented and Staff believes all Conditional Use Permit Approval Criteria have been met.

Chairman Strach invited questions and/or comments from the Commission.

Commissioner Doherty opined this is a great use for the property.

Commissioner Thacker asked for clarification on parking requirements as compared to the applicant’s Yorkville facility. Mr. Dwyer stated they have accounted for lack of parking in Yorkville and will have more at this facility. Commissioner Strach asked for a further definition of types of vehicular traffic and access to the facility.

Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 8:40p.m.

Commissioner Doherty inquired what percent of the facility is memory care. Mr. Dwyer stated there will be 83 private apartments and 20 of those will be for memory care in a single story portion of the building to the rear of the property in a secure wing.

Commissioner Thacker asked for a timeframe for construction/completion. Mr. Dwyer stated it depends on when they go to and receive approval from City Council. Their intent is to submit plans immediately and hopefully be able to break ground in June or July. Construction typically takes 12-15 months for this type of project. Mr. Dwyer stated there is quite a need for this type of a facility in McHenry County.

Motion by Walsh seconded by Thacker to recommend to the City Council with regard to File No. Z-964, approval of a Conditional Use Permit for the operation of an Assisted Living and Memory Care Facility subject to the following conditions:

1. The property owner shall install sidewalk the entire length of the north property line.

2. The property owner shall install an appropriately signed crosswalk on the northwest corner of the property that connects to the sidewalk on the north side of Blake Boulevard.

3. All improvements including, but not limited to, those listed in the memorandum dated April 7, 2020 shall be approved by the Staff Engineer or Director of Public Works.

4. The development shall be in substantial conformance with the site plan dated January 13, 2020.

5. All other federal, state, and local laws shall be met.

And that all Conditional Use Permit Approval Criteria are met.

Roll Call: Vote: 6-ayes: Commissioners Doherty, Lehman, Sobotta, Strach, Walsh, and Thacker. 0-nay,0-abstained,1-absent:Gurda. Motion Carried.

Chairman Strach closed the Public Hearing regarding File No. Z-964 at 8:55 pm.

City of McHenry

File No. Z-961

Text Amendments to the Zoning Ordinance including but not limited to Chapter 13: Landscaping and Screening and Chapter 19: Variances.

Chairman Strach called the discussion to order at 7:54 p.m. regarding File No Z-961 a request for various text amendments to the City of McHenry Zoning Ordinance including but not limited to Chapter 13: Landscaping and Screening and Chapter 19: Variances.

Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and A Certificate of Publication is on file in the City Clerk’s Office per ordinance.

City Planner Sheriff provided the Commission with the Staff Report regarding this file stating City Staff are in the process of updating various sections of the City of McHenry’s Zoning Ordinance. Various text amendments are proposed to the Landscaping and Screening Standards based on feedback from commercial property owners as well as recent development projects. Research was done on landscaping and screening ordinances from surrounding municipalities including Crystal Lake, Woodstock, and McHenry County and staff also incorporated best management practices identified by the American Planning Association (APA). Staff has also included language within the ordinance to allow developers to creatively develop properties to incorporate best management practices for storm water drainage and green infrastructure.

Planner Sheriff further stated the City of McHenry has many commercial properties that have aged and require improvements be made - sometimes at great cost. The City also recognizes the value of our commercial entities and the role they play in making McHenry a great place to live and work. Additional language has been added to allow the Zoning Administrator to waive certain landscaping and screening standards if there are unique site specific circumstances, enforcement would result in extreme financial hardship, or if the intent of the ordinance has been met. The goal is to address existing legal nonconforming commercial properties and to encourage compliance without discouraging development. Ultimately, it would allow city staff to provide quality and responsive customer service to our local businesses and residents while encouraging compliance with our Landscaping and Screening Standards. Staff recommends approval of text amendments to the City of McHenry Zoning Ordinance including but not limited to: Chapter 3: Definitions and Chapter 13: Landscaping and Screening, as presented.

In Addition, in regard to Text Amendments including but not limited to Chapter 19: Variances of the City of McHenry Zoning Ordinance, Planner Sheriff stated staff analyzed what zoning requests would be appropriate for an administrative review process in an effort to improve service and not require a public hearing. Staff surveyed and found that Crystal Lake, Woodstock, Lakemoor, and McHenry County have an administrative variation process for residential variances. There has been a total of 67 Applications for Minor Variances since the Zoning Ordinance was approved in 1986. Of the 67 minor variance requests, 64 were approved and 3 were withdrawn or cancelled). Staff believes the City would benefit from allowing staff to process Minor Variance requests administratively, noting that minor variance requests only are applicable to single- family detached or attached dwellings or single-family detached or attached building lots. A summary of the current and proposed administrative variation process was provided and staff recommends approval of text amendments including but not limited to Chapter 19: Variances of the City of McHenry Zoning Ordinance, as presented.

There were no questions from the Commissioners.

Motion by Walsh, seconded by Doherty, to recommend to the City Council with regard to File No. Z-961, approval of an application for text amendments to the City of McHenry Zoning Ordinance including but not limited to: Chapter 3: Definitions and Chapter 13: Landscaping and Screening and and approval of text amendments including but not limited to Chapter 19: Variances of the City of McHenry Zoning Ordinance, as presented, be granted.

Roll Call: Vote: 6-ayes: Commissioners Doherty, Lehman, Sobotta, Strach, Walsh, and Thacker. 0-nay,0-abstained,1-absent:Gurda. Motion Carried.

Chairman Strach closed the discussion regarding File No. Z-961 at 9:15 p.m.

Staff Report: Planner Sheriff stated there is a special meeting tentatively scheduled for May 6, 2020.

Adjourn: Motion by Thacker and seconded by Sobotta, roll call vote, 6-0, meeting adjourned at 9:15 p.m.

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